Classroom Management, Corrective Actions and Punishment

Transcription

1 Classroom Management, Corrective Actions and Punishment The purpose of school discipline is to provide a safe environment that is conducive to learning for all students. Corrective actions should strive to keep students in class and maximize engagement. All students will follow the rules of the district. Refusal to comply with written rules and regulations established for the governing of the school will constitute sufficient cause for discipline, suspension or expulsion. Corrective action and/or punishment for misconduct must reflect good faith effort on the part of the staff. For the purposes of the district s policies relating to corrective action or punishment: A. Discipline will mean all forms of corrective action or punishment other than suspension and expulsion and will include the exclusion of a student from a class by a teacher or administrator for a period of time not exceeding the balance of the immediate class period. Provided, that the student is in the custody of a school district employee for the balance of such period. Discipline will also mean the exclusion of a student from any other type of activity conducted by or in behalf of the school district. B. Suspension is a denial of attendance (other than for the balance of the immediate class period for "discipline" purposes) at any single subject or class, or at any full schedule of subjects or classes for a stated period of time. A suspension also may include a denial of admission to or entry upon real and personal property that is owned, leased, rented, or controlled by the district. 1. A suspension is short term if it is for a period of 10 consecutive school days or less. Separate short-term suspensions will not total more than 10 school days in a semester for any student in grades K-4. Separate short-term suspensions will not total more than 15 days in a semester for a student in any other grade. grades must not be affected substantially as a result of a short-term suspension. 2. Long-term suspension shall mean a suspension which exceeds a "short-term suspension" as defined above. C. Expulsion is a denial of attendance at any single subject or class or at any full schedule of subjects or classes for an indefinite period of time. An expulsion also may include a denial of admission to or entry upon real and personal property that is owned, leased, rented, or controlled by the school district. D. Emergency Expulsion is an immediate and complete restriction from school attendance that may be imposed when there is good and sufficient reason to believe that a student s presence poses an immediate and continuing danger or a continuing threat of substantial disruption. An emergency expulsion continues until it is rescinded, modified or reversed. The principal will notify special education staff of any suspensions to be imposed for a student who is currently eligible for special education services or those who might be deemed eligible for special education. eligible for special education services are not permitted to be Page 1 of 12

2 suspended for more than 10 days in 1 school year without first conducting a Manifestation Determination. If the manifestation determination concludes that the behavior for which the student is being suspended is a manifestation of the student s disability, cumulative suspensions of more than 10 days in 1 school year are not permitted, and the principal will notify relevant special education staff so that the district can ensure that special education discipline procedures are in place, in addition to general education discipline procedures. Once a student is expelled in compliance with district policy, the expulsion will be brought to the attention of appropriate local and state authorities, including, but not limited to, the local juvenile authorities acting pursuant to the statutes dealing with the Basic Juvenile Court Act, in order that such authorities may address the student s educational needs. No student will be expelled, suspended, or disciplined in any manner for the performance of or failure to perform any act not related to the orderly operation of the school or school-sponsored activities or any other aspect of the educational process. The superintendent will have the authority to discipline, suspend or expel students. The superintendent will identify the conditions under which a teacher may exclude a student from his or her class and will also designate which staff have the authority to initiate or to impose discipline, suspensions or expulsions. Before imposing discipline, suspension or expulsion, the district must adopt, publish, and make available written rules that state with reasonable clarity the types of conduct for which a suspension or expulsion may be imposed. The district will provide for the development with parent and community participation of written procedures for administering corrective action at each school. Principals will distribute to students, parents and staff a publication defining the rights, responsibilities and corrective action or punishment relating to student behavior on an annual basis. Parents and students will be given notice of the standard of conduct the district requires regarding drug and alcohol use, and a statement of the disciplinary sanctions for violations of that standard. Authority to hear and decide appeals of disciplinary grievances, of short-term and long-term suspensions, of expulsions, and of emergency expulsions which would otherwise be heard by the Board of Directors is delegated to a school district Disciplinary Appeal Council which will consist of five seats appointed by the Board in accordance with WAC At least three members of the Council must be present to conduct hearings. Members of the Council will serve for one year each and may be reappointed to serve subsequent terms. Appointments of administrators will be made by the second board meeting in September each year, and appointments of remaining members will be made at the first regular Board meeting in December. Disciplinary Appeal Council members will include One secondary certificated administrator One representative from the District s equity department. Page 2 of 12

3 One representative of the PTSA. One Board member. Policy No One seat for the Executive Directors of Schools, Principal Supervisor, or equivalent. This seat will be divided among multiple administrators such that the administrator participating in a specific appeals hearing is not the supervisor of the administrator who imposed the discipline that is being appealed. The chair of the Disciplinary Appeal Council will be the Executive Director of Schools or equivalent. Rights and Responsibilities of Certificated Staff Certificated staff will share responsibility for supervising the behavior of students and for maintaining the standards of conduct which have been established. Certificated staff will have the right to: A. Expect students to comply with school rules; B. Exclude any student who creates a disruption of the educational process in violation of the building disciplinary standards while under the teacher's immediate supervision from his or her individual classroom and instructional or activity area for all or any portion of the balance of the school day, or up to the following two days, or until the principal or designee and teacher have conferred, whichever occurs first. Except in emergency circumstances, prior to excluding a student, the teacher must attempt one or more alternative forms of corrective action. In no event without the consent of the teacher may an excluded student return to class during the balance of that class or activity period or up to the following two days, or until the principal or his or her designee and the teacher have conferred. C. Receive any complaint or grievance regarding corrective action or punishment of students. Certificated staff will be given the opportunity to present their version of the incident and to meet with the complaining party in the event that a conference is arranged; D. Use such reasonable action as is necessary to protect himself/ herself, a student, or others from physical abuse or injury; E. Remove a student from a class session for sufficient cause; and F. Detain a student after school with due consideration for bus transportation. Certificated staff will have the responsibility to: A. Observe the rights of students; B. Develop and/or review building rules relating to student conduct and control at least once each year. Building rules will be consistent with district rules relating to student conduct and control C. Enforce the rules of student conduct fairly, consistently, and without discrimination. D. Report infractions according to district procedure; Page 3 of 12

4 E. Maintain good order in the classroom, in the hallways, and on the playgrounds or other common areas of the school, or while riding on school buses (field trip); F. Maintain accurate attendance records and report all cases of truancy; and G. Set an appropriate example of personal conduct and avoid statements which may be demeaning or personally offensive to any student or group of students. Principals will: A. Impose suspension, expulsion or emergency expulsion when appropriate; and B. Notify parents when students are suspended, expelled or emergency expelled. Student Discipline A. The methods employed in enforcing the rules of the school should be: Consistent from day to day and student to student; B. Balanced against the severity of the misconduct; C. Appropriate to the student s nature and prior behavior; D. Fair to the student, parent, and others; and E. Effective. Since these criteria may be in conflict, established procedures must be followed in correcting misbehavior. Appeal procedures have been established in order to provide for an opportunity for every corrective action or punishment to be reviewed by someone in authority and to instill confidence among students and parents as to the essential fairness of staff. In order to develop an environment conducive to learning, the principal will confer with certificated staff at least once per year to develop and/or review rules of conduct to be employed in the school and corrective actions and punishment that may be employed in the event of rule infractions. 1. Detention For minor infractions of school rules or regulations, or for minor misconduct, staff may detain students after school hours with due consideration for bus transportation. Preceding the assignment of such corrective action, the staff member will inform the student of the nature of the offense charged and of the specific conduct which allegedly constitutes the violation. The student will be afforded an opportunity to explain or justify his/her actions to the staff member. Detention will not begin until the parent has been notified (except in the case of the adult student) for the purpose of informing him/her of the basis and reason for the detention and to permit him/her to make arrangements for the necessary transportation of the student when he/she has been detained after school hours for corrective action. detained for corrective action will be under the direct supervision of the staff member or another member of the professional staff. The principal will be responsible for seeing that the time which the student spends for corrective action is used constructively. Page 4 of 12

5 2. Appeal Process for Disciplinary Action Any parent/guardian and/or student who is aggrieved by the imposition of discipline will have the right to an informal conference with the principal. The student and/or parent/guardian must notify the principal within three school days of the notification of the imposition of the discipline to request a grievance conference for the purpose of resolving the grievance. At such conference the student and parent/guardian will be subject to questioning by the principal and will be entitled to question staff involved in the matter being grieved. The parent/guardian and student after exhausting this remedy will have the right to request a district-level grievance. The student and/or parent/guardian must notify the executive director of the student s school within three school business days of receiving the principal s decision. The executive director will respond with a written decision or schedule a meeting within three school business days. If a meeting is held, the executive director will provide a written decision within three school business days of the meeting. If the grievance is not resolved, the parent/guardian and/or student have the right to present a written and/or oral grievance to the disciplinary appeal council. The student and/or the parent/guardian must notify the executive director of the student s school within two school business days of receiving their decision of intent to grieve. A closed meeting may be held for the purpose of considering the grievance. The council will notify the parent and student of its response to the grievance within 10 school business days after the date when the grievance was presented. The disciplinary action will continue notwithstanding implementation of the grievance procedure unless the principal, superintendent or board elects to postpone such action. If a request is not received within the prescribed period of time mentioned above, the right to a grievance will be deemed waived without any further opportunity for the student and/or parent/guardian to contest the matter. Suspensions or Expulsions The nature and circumstances of the student conduct violation must reasonably warrant a suspension or expulsion. As a general rule no student will be suspended for a short or long term unless other forms of corrective action reasonably calculated to modify his/her conduct have previously been imposed upon the student as a consequence of misconduct of the same nature. However, a student may be suspended for exceptional misconduct, other than absenteeism. The superintendent, following consultation with a representative ad hoc citizens committee will define the types of misconduct that constitute exceptional misconduct, and the consequences for each type of exceptional misconduct. To qualify as exceptional misconduct, the misconduct must be either (a) of frequent occurrence despite past attempts by the district to control the misconduct through a variety of means other than suspension; or (b) severely disruptive to the operation of the Page 5 of 12

6 school(s) (for example, a violation of the state s controlled substances laws). The representative ad hoc citizen s committee must be composed of three or more persons chosen by the district to represent, to the extent practical, the various socioeconomic, minority, and majority populations. The administration s procedure for exceptional misconduct must be approved by the board before it is implemented. An exception may be granted by an administrator and/or hearing officer when warranted by extenuating circumstances. No student will be suspended or expelled because of one or more unexcused absence(s) pursuant to Board Policy Because suspension removes students from their educational environment, certificated staff and administrators should seek alternatives to suspension wherever possible, and when they do impose suspensions, should impose the shortest suspension appropriate to the circumstances. 1. In-School Suspension The superintendent will establish guidelines for the operation of an in-school suspension program for the purpose of supporting students in maintaining their educational progress in the school environment. 2. Short-Term Suspension Beginning with the school year, short-term suspensions will be eliminated for all reasons with the exceptions of: A. Harassment, Intimidation and Bullying B. Drug and Alcohol Related Offenses Use of short-term suspension for issues related to the above categories should be applied only in extreme situations and not as a default. Prior to applying short-term suspension as corrective action, administrators must consult with the Supervisor of Pupil Management or an Executive Director of Schools. Beginning with the school year, all short term suspensions will be eliminated. In the event the proposed corrective action of a student is to include the denial of the right of school attendance from any single class for 3 to 10 school days or full schedule of classes for 1 to 10 school days, a conference will first be conducted with the student as follows: A. An oral or written notice of the charges will be provided to the student; B. An oral or written explanation of the evidence in support of the charges will be provided to the student; C. An oral or written explanation of the suspension which may be imposed will be provided to the student; and D. The student will be provided the opportunity to present his/her explanation. The parent of the student will be notified of the reason for the suspension and the Page 6 of 12

7 duration of the suspension orally or by U.S. mail as soon as reasonably possible. The notice must inform the parent or guardian of the right to an informal conference with the principal and must include a statement that the suspension may be reduced as a result of that conference. Any student subject to a short-term suspension will be provided the opportunity upon return to make up assignments and tests. 3. Appeal Process for Short-Term Suspension Any parent/guardian and/or student who is aggrieved by the imposition of a short-term suspension will have the right to an informal conference with the principal. The student and/or parent/guardian must notify the principal within three school days of the notification of the imposition of the discipline to request a grievance conference for the purpose of resolving the grievance. At such conference the student and parent/guardian will be subject to questioning by the principal and will be entitled to question staff involved in the matter being grieved. The parent/guardian and student after exhausting this remedy will have the right to request a district-level grievance. The student and/or parent/guardian must notify the executive director of the student s school within three school business days of receiving the principal s decision. The executive director will respond with a written decision or schedule a meeting within three school business days. If a meeting is held, the executive director will provide a written decision within three school business days of the meeting. If the grievance is not resolved, the parent/guardian and/or student will have the right to present a written and/or oral grievance to the disciplinary appeal council. The student and/or the parent/guardian must notify the executive director of the student s school within two school business days of receiving their decision of intent to grieve. A closed meeting may be held for the purpose of considering the grievance. The council will notify the parent/guardian and student of its response to the grievance within 10 school business days after the date when the grievance was presented. The disciplinary action will continue notwithstanding implementation of the grievance procedure unless the principal superintendent or board elects to postpone such action. If a request is not received within the prescribed period of time mentioned above, the right to a grievance will be deemed waived without any further opportunity for the student and/or parent/guardian to contest the matter. 4. Emergency Expulsion A student may be excluded from school prior to a hearing without other forms of corrective action if the principal reasonably believes the student is an immediate and continuing danger to himself/herself, other students, staff, or administrators or is a substantial disruption to the educational process of the district. Such emergency expulsion will continue until the student is reinstated by the principal up to a maximum of 10 school days or until a fair hearing is held and a final determination reached. The hearing officer may continue the emergency expulsion if he/she finds that the student continues to present an immediate and continuing danger to himself/herself, other Page 7 of 12

8 students, staff, or administrators or continues to cause a substantial disruption to the educational process of the district. The provisions governing notice and hearing of regular long-term suspensions or expulsions will apply except: A. Written notice of the emergency expulsion will be sent by certified letter deposited in the U. S. mail within twenty-four hours of the expulsion or by hand delivery to the student s parent(s) or guardian(s) within twenty-four hours of the expulsion and documenting delivery by obtaining his or her signature acknowledging receipt or the written certification of the person making the delivery; B. The parent and student will have three school business days after receipt of the notice during which to request a hearing. A schedule of school business days potentially applicable to the exercise of such hearing right should be included with the notice; and C. The hearing officer will render the decision within 1 school business day after the conclusion of the hearing. The decision will set forth the findings of fact, the conclusions (including a conclusion as to whether or not the emergency situation giving rise to the emergency expulsion continues), and whether or not the emergency expulsion will be continued or a lesser form of corrective action or punishment is to be imposed. 5. Long-Term Suspensions or Expulsions A long-term suspension or expulsion may be imposed by the principal only after a fair hearing is made available to the affected student and parent. Written notice of the hearing will be delivered to the parent and student by certified mail or in person. The notice will be in the parent s primary language and will supply (1) the alleged misconduct and the school rules alleged to have been violated, (2) the recommended corrective action or punishment, (3) the right to a hearing, (4) the notice that if a written request for a hearing is not received by the staff member named in the notice within 3 school business days after the notice is received, the hearing will be waived and the recommended corrective action or punishment will take effect, and (5) the date by which the request for a hearing must be received. If a hearing is requested, the superintendent or designee will schedule the matter for a hearing within 3 school business days of such request. The parent and student and the district or representatives will be permitted to inspect in advance of such hearing any documentary or other physical evidence which the school district intends to introduce at the hearing. The parent and student will have the right to be represented by legal counsel, to question and confront witnesses unless specifically excluded under WAC (c), to present his or her explanation of the alleged misconduct and to present witnesses documentary and other physical evidence as desired. The hearing will be conducted before a hearing officer appointed by the superintendent. Such hearing officer will not be a witness and will determine the guilt or innocence of the Page 8 of 12

9 student solely on the basis of the evidence presented at the hearing. Either an audio recorded or a verbatim record of the hearing will be made. The hearing officer will state in writing the findings as to the facts, conclusions and disposition to be made. A written decision setting forth the findings of fact and conclusions, the expulsion, the nature and duration of the long-term suspension, or lesser form or corrective action or punishment to be imposed, if any, will be provided to the student s legal counsel or, if none, to the student and his or her parent(s) or guardian(s). The school administration will hold a re-engagement conference with each student who is long-term suspended and/or non-emergency expelled either within 20 days of the student s long-term suspension or non-emergency expulsion if the long-term suspension or non-emergency expulsion is longer than 20 days; or no later than five days before the student s reentry or enrollment if the long-term suspension or nonemergency expulsion is less than 20 days. The re-engagement conference will be outlined in the Procedure 3241P. 6. Appeal Process for Long-Term Suspension or Expulsion If a long-term suspension or expulsion is imposed, the parent and student will have the right to appeal the hearing officer s decision to the disciplinary appeal council by filing a written notice of appeal at the office of the hearing officer within 3 school business days after the date of receipt of the decision. The long term suspension or expulsion will be in effect while the appeal is pending. The council will schedule and hold a meeting to informally review the matter within 10 school business days from receipt of such appeal. The purpose of the meeting will be to confer with the parties in order to decide upon the most appropriate means of handling the appeal. At that time the student, parent, and/or counsel will be given the right to be heard and will be granted the opportunity to present such witnesses and testimony as the council deems reasonable. Prior to adjournment, the council will agree to one of the following procedures: A. Study the hearing record or other materials submitted and record its findings within 10 school business days; B. Schedule and hold a special meeting to hear further arguments on the case and record its findings within 15 school business days; or C. Hear and try the case de novo before the council within 10 school business days. Any decision by the council to impose or to affirm, reverse or modify the imposition of suspension or expulsion upon a student will be made only by: A. Those council members who have heard or read the evidence; B. Those council members who have not acted as a witness in the matter; and C. A majority vote at a meeting at which a quorum of the council is present. Within 30 days of receipt of the council s final decision, any parent and student desiring to appeal any action upon the part of the council regarding the suspension or expulsion may serve a notice of appeal upon the council and file such notice with the Page 9 of 12

10 superior court clerk of the county. Such notice will also set forth in a clear and concise manner the errors complained of. Policy No Emergency Removal A student may be removed immediately from a class or subject by a teacher or administrator without other forms of corrective action and sent to the principal or a designated school official, without first attempting corrective action, provided that the teacher or administrator has good and sufficient reason to believe that the student s presence poses an immediate and continuing danger to the student, other students or staff or an immediate and continuing threat of substantial disruption of the class, subject, or educational process of the student s school. The removal will continue only until: A. The danger or threat ceases; or B. The principal acts to impose discipline, impose a short-term or long-term suspension or expulsion or to impose an emergency expulsion. The principal will meet with the student as soon as reasonably possible following the student s removal and take or initiate appropriate corrective action or punishment. In no case will the student s opportunity for such meeting be delayed beyond commencement of the next school day. The teacher or administrator who removed the student will be notified of the action which has been taken or initiated. 8. Readmission Application Process Any student who has been suspended or expelled will be allowed to make application for readmission at any time. If a student desires to be readmitted to the school from which he/she has been suspended/ expelled or admitted to another school, the student will submit a written application to the superintendent or designee. The application will include: A. Reasons the student wants to return and why the request should be considered; B. Evidence which supports the request; and C. A supporting statement from the parent or others who may have assisted the student. The superintendent or designee will in writing advise the parent and student of the decision within seven (7) school days of the receipt of such application. Cross References: Board Policy 2121 Substance Abuse Program 2161 Special Education and Related Services for Eligible 3122 Excused and Unexcused Absences 3240 Student Conduct 3244 Prohibition of Corporal Punishment Page 10 of 12

11 3520 Student Fees, Fines, or Charges 4210 Regulation of Dangerous Weapons on School Premises Legal References: RCW 9A Use of force on children Policy Actions presumed unreasonable Possessing dangerous weapons on school facilities Penalty Exceptions 28A School s duties upon child s failure to attend school 28A Petition to juvenile court for violations by a parent or child School district responsibilities 28A Principal to assure appropriate student discipline standards Classes to improve classroom management skills 28A Enforcement of rules of conduct Due process guarantees Computation of days for short-term and long-term suspensions 28A Exclusion of student from classroom Written disciplinary procedures 28A Pupils to comply with rules and regulations 28A Firearms on school premises, transportation, or facilities Penalty Exemptions 20 USC 7101 et. Seq. Drug Free Schools and Communities Act WAC Definitions Discipline Conditions and Limitations Discipline Grievance procedure Short-term suspension Conditions and Limitations Short-term suspensions Prior conference required Notice to parent Short-term suspension Grievance procedure Long term suspension conditions and limitations Long-term suspension Notice of hearing Waiver of hearing Long-term suspension Prehearing and hearing process Expulsion Notice of hearing Waiver of hearing Expulsion Prehearing and hearing process Emergency removal from class, subject, or Page 11 of 12

12 activity Emergency expulsion Limitations Emergency expulsion Notice of hearing Waiver of hearing right Emergency expulsion Prehearing and hearing process Appeals Long-term suspension and expulsion Appeals Hearing before school board or disciplinary appeal council Procedures Appeals Discipline and short-term suspension grievances School board or disciplinary appeal council decisions Management Resources: Policy News, August 2014 Policy News, June 2010 and Sexting Adoption Date: Bellevue School District Revised: , , Page 12 of 12